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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the supplement of the judgment of the court of first instance as to this case as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, the court’s explanation as to this case is cited in accordance with the main sentence of
2. Supplementary judgment
A. The plaintiff asserts that the guarantee contract of this case does not conflict with the res judicata of the above final judgment because there was a new agreement between the plaintiff and the defendant to waive compulsory execution based on the 12th final judgment during the litigation of this case.
However, the effect of the final and conclusive judgment is based on the time of the conclusion of the fact-finding trial, which is the standard time of the final and conclusive judgment, and thus, it does not affect res judicata of the final and conclusive judgment in the previous lawsuit until a new cause occurs thereafter (see, e.g., Supreme Court Decisions 98Da7001, Jul. 10, 1998; 2000Da50909, May 10, 2002). In the event a new cause occurs after the date of the conclusion of the fact-finding trial in the previous lawsuit, the Plaintiff is able to make a new argument as to such a cause, notwithstanding the 12 final and conclusive judgment in the previous lawsuit, but there is insufficient evidence to acknowledge that there was a new agreement between the Plaintiff and the Defendant that the Plaintiff made a new agreement between the Plaintiff and the Defendant after the date of the conclusion of the fact-finding trial in the previous lawsuit, and there is no other evidence to support the Plaintiff’s assertion that this cause constitutes a guarantee contract for seeking the exclusion of the final and conclusive judgment.
B. The Plaintiff’s guarantee contract of this case is governed by the Act on the Regulation of Specific and Standardized Contracts for the Guarantee Obligation.